# C_2007211EN.01002202.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/22 |
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8.9.2007

EN

Official Journal of the European Union

C 211/22

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Reference for a preliminary ruling from the Højesteret (Supreme Court), Denmark lodged on 3 July 2007 — Ruben Andersen v Kommunernes Landsforening, acting on behalf of Slagelse Kommune (formerly Skælskør Kommune)

(Case C-306/07)

(2007/C 211/42)

Language of the case: Danish

Referring court

Højesteret

Parties to the main proceedings

Applicant: Ruben Andersen

Applicant:

Defendant: Kommunernes Landsforening, acting on behalf of Slagelse Kommune (formerly Skælskør Kommune)

Defendant:

Questions referred

| 1. | Is Article 8(1) of Council Directive 91/533/EEC (1) of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship to be interpreted as meaning that a collective agreement which is intended to implement the provisions of the Directive cannot be applied to an employee who is not a member of an organisation party to that agreement? |
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1.

Is Article 8(1) of Council Directive 91/533/EEC (1) of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship to be interpreted as meaning that a collective agreement which is intended to implement the provisions of the Directive cannot be applied to an employee who is not a member of an organisation party to that agreement?

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| 2. | If Question 1 is answered in the negative: are the words in Article 8(2) of the Directive: ‘employees not covered by a collective agreement or by collective agreements relating to the employment relationship’ to be interpreted as meaning that provisions in a collective agreement or the obligation of prior notification of the employer cannot be applied to an employee who is not a member of an organisation party to that agreement? |
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2.

If Question 1 is answered in the negative: are the words in Article 8(2) of the Directive: ‘employees not covered by a collective agreement or by collective agreements relating to the employment relationship’ to be interpreted as meaning that provisions in a collective agreement or the obligation of prior notification of the employer cannot be applied to an employee who is not a member of an organisation party to that agreement?

| 3. | Do the words ‘temporary contract’ and ‘temporary ... employment relationship’ in Article 8(2) of the Directive refer to short-term employment relationships or to something else, such as all fixed-term employment relationships? If the former, which criteria should be used to determine whether an employment relationship is temporary (short-term)? |
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3.

Do the words ‘temporary contract’ and ‘temporary ... employment relationship’ in Article 8(2) of the Directive refer to short-term employment relationships or to something else, such as all fixed-term employment relationships? If the former, which criteria should be used to determine whether an employment relationship is temporary (short-term)?

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(1)  OJ 1991 L 288, p. 32.

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